WEST virginia legislature

2024 regular session

Introduced

House Joint Resolution 25

By Delegates Riley, Vance, and Smith

[Introduced January 29, 2024; Referred to
the Committee on the Judiciary]

Proposing an amendment to the Constitution of the State of West Virginia amending section three, article VI thereof; relating to limiting consecutive elections to the same office to 12 years; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment.

Resolved by the Legislature of West Virginia, two thirds of the members elected to each house agreeing thereto:

That the question of ratification or rejection of an amendment to the Constitution of the State of West Virginia be submitted to the voters of the state at the next general election to be held in the year 2024, to read as follows:

ARTICLE VI. THE LEGISLATURE.
§3. Senators and Delegates – Terms of Office

Senators shall be elected for the term of four years, and delegates for the term of two years. The senators first elected, shall divide themselves into two classes, one senator from every district being assigned to each class; and of these classes, the first to be designated by lot in such manner as the senate may determine, shall hold their seats for two years, and the second for four years, so that after the first election, one half of the senators shall be elected biennially.

Consecutive years for any senator or delegate holding the same office shall be 12 years, which encompasses six elections for the House of Delegates and three elections for the Senate. If a legislator reaches the 12 consecutive years in one Chamber of the Legislature, they shall not be eligible for re-election to that chamber until one full election cycle has passed. However, if this same legislator, who has reached the 12 consecutive year limit, campaigns for election in the alternate Chamber of the Legislature, they may be elected to said Chamber. They may also remain capable of being elected to other elected positions outside the Chamber in which they have reached the 12 consecutive years in office. This limit must have been reached through 12 continuing, consecutive years, and any break in office during that 12 years will reset the time accumulated. The accumulation of time towards this limit shall begin on January 1, 2026. Terms that began prior to January 1, 2026, are not counted for the purposes of the 12-year limitation, but a partial term served after the date shall be counted a term for the purpose of this section.

Resolved further, That in accordance with the provisions of article eleven, chapter three of the Code of West Virginia, 1931, as amended, such proposed amendment is hereby numbered "Amendment No.1" and designated as the "Term Limit Amendment" and the purpose of the proposed amendment is summarized as follows: "To amend the State Constitution to create a term limit for elected members of the House of Delegates and the Senate which shall be 12 consecutive years of service in that Chamber".

NOTE: The purpose of this resolution is to amend the State Constitution to create term limits for the House of Delegates and the Senate of West Virginia.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.